Need to travel to Toronto tomorrow (Urgent)

[srikondoji]

While i am waiting for my lawyer to talk to, i would like to know your input.

I am on H1-B and just recently got extension for 3 years.
I and my wife also received all receipts including EAD cards and waiting for AP.

Can i travel?
If iam using H1-B, i need to get it stamped on re-entry right?
I most likely can't travel on AP, as i don't have it.

Should i say to my boss, that i can't travel?

I know, some of my questions are stupid as iam typing it the moment i heard without going over the forums threads for relevant details and also not using my own knowledge base.

Thanks and i highly appreciate your replies.
--sri

[srikondoji]

I just contacted my lawyer and he says nothing to worry and i can travel.

He says that i should carry H1-B extension papers with previously issued I-94 and passport. Also carry I-485 receipts for saftey.
I don't have to get my passport stamped in canada for re-entry, if iam planning to reneter within 30 days.

All i need to do is not surrended my I-94 card in the boston airport and insist to the airlines that i need to re-enter.

Did anyone go through this before?
--sri

[gc_chahiye]

While i am waiting for my lawyer to talk to, i would like to know your input.

I am on H1-B and just recently got extension for 3 years.
I and my wife also received all receipts including EAD cards and waiting for AP.

Can i travel?
If iam using H1-B, i need to get it stamped on re-entry right?
I most likely can't travel on AP, as i don't have it.

Should i say to my boss, that i can't travel?

I know, some of my questions are stupid as iam typing it the moment i heard without going over the forums threads for relevant details and also not using my own knowledge base.

Thanks and i highly appreciate your replies.
--sri

you can either get a stamping and come back, or you can also use auto-revalidation (if your trip is for less than 30 days, and you dont get rejected during stamping). Carry all H1 documents with you incuding your new I-94 cards (that you got with the H1/H4 extensions, dont give them to arline while going)

[senk1s]

If you have got the 485 receipt notice - (need to carry the original receipt)

Anycase check with the attorney about the AP - and details as well

We are waiting for 485 receipts to travel to Canada as well !!

[senk1s]

by the time i finished typing you got ur reply !!

[texanmom]

My husband traveled to Canada (Toronto) as a Permanent Resident right after we applied for the 485. he did not have his receipts and he did not have his visa stamped either. He just had a current I-797 notice showing his 3 yr H1B extension.

No problems at the port of entry.

We did get our receipts after he returned...

[srikondoji]

Thank you all for timely responses. Yes, my lawyer quickly gave me a call when i left a VM.

Yes, he did say that there is auto-ravelidation which can be used.

I am back to making my travel plans. Thank you all and see again in 3 days.
--sri

[diptam]

Without stamping the H1B extension ( just with extension I-797 papers) can we really enter from Canada to US ??

Someone was saying that ask them not to take your I94 at exit... But they airlines are supposed to do that. How about travelling out of US by road ?

Thanks

you can either get a stamping and come back, or you can also use auto-revalidation (if your trip is for less than 30 days, and you dont get rejected during stamping). Carry all H1 documents with you incuding your new I-94 cards (that you got with the H1/H4 extensions, dont give them to arline while going)

[brij523]

Do you have Canadian Visa?
You can not enter Canada on H1-B if you are from India or other country that require visa to enter Canada.

While i am waiting for my lawyer to talk to, i would like to know your input.

I am on H1-B and just recently got extension for 3 years.
I and my wife also received all receipts including EAD cards and waiting for AP.

Can i travel?
If iam using H1-B, i need to get it stamped on re-entry right?
I most likely can't travel on AP, as i don't have it.

Should i say to my boss, that i can't travel?

I know, some of my questions are stupid as iam typing it the moment i heard without going over the forums threads for relevant details and also not using my own knowledge base.

Thanks and i highly appreciate your replies.
--sri

[srikondoji]

Guys, I am not going anywhere now. It could be next week. I just was updated about the sudden change in travel plan.

However, this is what my lawyer said.

Don't surrender your I-94 card and if they insist, tell them that you are planning to re-enter United States within few days.
No matter what happens, don't give your I-94 and if you do, then you have to get your passport stamped on your return.

There is this thing called auto-revalidation which allows one to travel to Canada, Mexico with this rule.

There is absolutely no risk in it.
--sri

[s416504]

Thanks for explanation.
Does 485 pending waives Canada Visa to enter canada? I know H1B person need canadian visa to enter.

Guys, I am not going anywhere now. It could be next week. I just was updated about the sudden change in travel plan.

However, this is what my lawyer said.

Don't surrender your I-94 card and if they insist, tell them that you are planning to re-enter United States within few days.
No matter what happens, don't give your I-94 and if you do, then you have to get your passport stamped on your return.

There is this thing called auto-revalidation which allows one to travel to Canada, Mexico with this rule.

There is absolutely no risk in it.
--sri

[BMS1]

Unless one has a green card, he needs Canadian Visa. I485 receipt will be of no help without AP. You need to rely on the valid I-94 of H1-B approval for entering. I had driven to Canada on I-94 of H1-B. And they do not take the I-94 but stamp your passport. That is an exception for Canada and Mexico.

[gc_chahiye]

Without stamping the H1B extension ( just with extension I-797 papers) can we really enter from Canada to US ??

Someone was saying that ask them not to take your I94 at exit... But they airlines are supposed to do that. How about travelling out of US by road ?

Thanks

see srikondoji;s post later in this thread. You need to ask the Airline to leave your i-94 in place. As long as you have an unexpired I-94, your stay is less than 30 days, and you dont try to get stamping in Canada, and you are not from one of the countries listed as sponsors of terrorism, you CAN come back to the US with your older I-94.

[optimystic]

An interesting situation is what if the I-94 has already expired...I know you get a new I-94 equivalent card in your I-797 approval notice that you should cut and staple with your original I-94. But do the officers at POE when returning back to US from canada, accept that as a valid I-94 for reentry without the H1B Visa stamp?

And I am sure about the requirement of Canadaian Visa for H1B people to enter into Canda. We did this last year, and we travelled by Road. But we got our H1B Stamp renewed at US consulate in Canada. But I do have to note here that, at the POE the officers were more keen in looking/verifying the I-94 than the new H1B Visa stamp :). And my original I-94 was still valid (couple of weeks left).

[optimystic]

Also, one more interesting fact, is that when you are exiting US via Road, (we drove into Vancouver), there is no US Border post on the direction of US->Canada ! Only Candian Post...So no one to collect I-94 when leaving US via Road ! The canadian post guys were not interested in looking/taking the I-94 at all ( and obviously so!) . They were just verifying our Canadian Visa.

[kumar1]

Few things...every Indian must understand -

1. You can not go anywhere except NEPAL and Bhutan without a VISA.
2. AP/GP/HP.....does not matter. If you do not have a GREEN CARD....you have to have a valid unexpried VISA to go to Canada.

If you have any doubt in your mind.....regarding whether you need a visa or not...just ask yourself your nationality. If you are Indian....bingo! A long line for VISA application is waiting for you!

Sorry for showing my frustration here.

[BMS1]

H1-B approval attached I-94 is just an extension to the original I-94 bearing identical number. That will be accepted by POE officers. All talks here are about that extended I-94. Within the original I-94 validity, you must also have a multiple entry visa stamp that is valid in your passport. So you should not have any travel difficulty anywhere.

[vandanaverdia]

Without stamping the H1B extension ( just with extension I-797 papers) can we really enter from Canada to US ??

Someone was saying that ask them not to take your I94 at exit... But they airlines are supposed to do that. How about travelling out of US by road ?

Thanks

diptam: Airlines also do not take the 1-94 if you are coming back within 30 days. However, one needs a Canadian visa to enter the country (Canada).

[saratswain]

(Sorry, I thoroughly got confused and hence this question)

Situation :
1> Current H1B stamp has expired.
2> 485 filed and receipt received.
3> Approved H1B extension in hand.

Question :-
1> Can someone(Indian citizen) travel to Canada without having a Canadian visa ? [Yes/No].
2> Can someone(Indian citizen) enter US from Canada without stamping H1B extension. [Yes/No]

[deba]

Answers:

1. With Indian passport and no GC/Canadian PR or Canadian visa - NO
2. Yes, with automatic revalidation when no visa stamp has been applied for and rejected while in canada, stay is 30 days or less, no travel outside of Canada to a 3rd country

Now I have a question of my own: I am July 2nd filer at NSC. Got my receipts and FP notice from TSC a few days back. I need to travel out of the country soon. H1 visa stamp expired. So waiting on AP to arrive. I know a lot of folks are still waiting for receipt notices, but has any July/Aug filer on this forum received AP yet? The processing time is not to be trusted though it says 3 months. Can previous visa bulletin filers shed some light on how long it takes approx. to get AP? Thanks.

Deb
Contrib $900 so far
EB2 India PD 03/05
I140 09/07
I485 07/07

[Lasantha]

Mine took around 10 weeks. Filed June 29th and approved 17th September.

Answers:

1. With Indian passport and no GC/Canadian PR or Canadian visa - NO
2. Yes, with automatic revalidation when no visa stamp has been applied for and rejected while in canada, stay is 30 days or less, no travel outside of Canada to a 3rd country

Now I have a question of my own: I am July 2nd filer at NSC. Got my receipts and FP notice from TSC a few days back. I need to travel out of the country soon. H1 visa stamp expired. So waiting on AP to arrive. I know a lot of folks are still waiting for receipt notices, but has any July/Aug filer on this forum received AP yet? The processing time is not to be trusted though it says 3 months. Can previous visa bulletin filers shed some light on how long it takes approx. to get AP? Thanks.

Deb
Contrib $900 so far
EB2 India PD 03/05
I140 09/07
I485 07/07

[leo2606]

Please read the contents of the following link
http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

Indians can go to Mexico and Canada with H1-B extension and expired visa in passport, the person will be allowed back as long as he doesn't go for an US consulate for Visa


Few things...every Indian must understand -

1. You can not go anywhere except NEPAL and Bhutan without a VISA.
2. AP/GP/HP.....does not matter. If you do not have a GREEN CARD....you have to have a valid unexpried VISA to go to Canada.

If you have any doubt in your mind.....regarding whether you need a visa or not...just ask yourself your nationality. If you are Indian....bingo! A long line for VISA application is waiting for you!

Sorry for showing my frustration here.

[H1B-GC]

Few things...every Indian must understand -

1. You can not go anywhere except NEPAL and Bhutan without a VISA.
2. AP/GP/HP.....does not matter. If you do not have a GREEN CARD....you have to have a valid unexpried VISA to go to Canada.

If you have any doubt in your mind.....regarding whether you need a visa or not...just ask yourself your nationality. If you are Indian....bingo! A long line for VISA application is waiting for you!

Sorry for showing my frustration here.

Enough of your sarcasm , there are host of countries that doesn't require Indian Citizens to have visa namely : Jamaica, Malaysia,Srilanka , Maldives,mauritius...

[obviously]

Please check the DOS link provided earlier. It says you can travel ONLY if you have a valid I-94 card. I would recommend checking facts and circumstances with an immigration attorney before traveling. In any case, dont travel before you get the AP. You will need a valid H1B stamp to get back into the country if you do not want to switch over to the EAD and come in using AP.

Again, check with your attorney. -- Obviously
________
Recall Avandia (http://www.classactionsettlements.org/lawsuit/avandia/)

[kumar1]

Enough of your sarcasm , there are host of countries that doesn't require Indian Citizens to have visa namely : Jamaica, Malaysia,Srilanka , Maldives,mauritius...


Sorry buddy...forgot to give you the full list, here it goes -

Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Myanmar, Nepal, Niger, Rwanda, Samoa, São Tomé and Príncipe, Senegal, Sierra Leone, Solomon Islands, Somalia, Sudan, East Timor, Togo, Tuvalu, Uganda, Tanzania, Vanuatu, Yemen, Zambia

P.S. - These are world's poorest countries (source United Nation)

[diptam]

Yes - i understand what you guys are saying about Canada.

But i remember that i asked a India bound BA staff not to take away my I94 but she denied me boarding pass if i dont give the I-94. That was a misunderstanding because i had couple of I94 and i was trying to keep one and give one but that staff wanted both..

Anyway - My point is that what if the Canada Bound Airline staff says that we cant let you board if you dont surrender I94 while leaving USA ??

see srikondoji;s post later in this thread. You need to ask the Airline to leave your i-94 in place. As long as you have an unexpired I-94, your stay is less than 30 days, and you dont try to get stamping in Canada, and you are not from one of the countries listed as sponsors of terrorism, you CAN come back to the US with your older I-94.

[teddy the dog]

Canadian flight is considered domestic flight in USA.
The airline people are not supposed to take your I-94 if you tell them that you're going back in less than 30 days. Do't let them take your I-94 if you want to use Automatic visa revalidation.
If you fly to any other country beside Mexico and Canada (and several US adjacent island), you will have to surrender your I-94. Unless if you are going to Canada longer than 30 days. Read the travel state department website regarding Auromatic visa revalidation.
Yes, Indian citizens do need visa to enter Canada.
Good luck

[leo2606]

I checked this guy kumar1's posts, eveyone of 104 posts are sarcastic.
I am not sure why he is still around, his a** should be moved out.

Enough of your sarcasm , there are host of countries that doesn't require Indian Citizens to have visa namely : Jamaica, Malaysia,Srilanka , Maldives,mauritius...

[diptam]

This is another misconception prevalent among us. Using a multiple entry AP doesn't mandate that you have to use EAD for working after entering.

We had a long discussion in another thread other day - Basically using AP will change your status from H1B to PAROLEE but you can still work in H1B status ( as long as the h1B extension is valid) and ALSO apply for further H1B extensions because H1B is dual intent. Also if you really apply for a H1B extension and that gets approved then your status again swings back to H1B from PAROLEE.

http://immigrationvoice.org/forum/showthread.php?t=13650

By the way - thanks guys for explaining the AUTO REVALIDATION thing for CANADA.

Please check the DOS link provided earlier. It says you can travel ONLY if you have a valid I-94 card. I would recommend checking facts and circumstances with an immigration attorney before traveling. In any case, dont travel before you get the AP. You will need a valid H1B stamp to get back into the country if you do not want to switch over to the EAD and come in using AP.

Again, check with your attorney. -- Obviously

[kanaihya]

Hi Guys,
I have one question, assume you entered on auto reva..in USA from canada. And again you want to travel to India with that expired visa stamp. Can you enter USA again without stamping in India with that Auto revalidation. Can some body throw some more light about this topic. I have travel plans to India in December with expired visa stamping, don't want to go to US consulate in India. need help please

[kanaihya]

That means , is better to go to Canada or Maxico and get the visa stamped for the remaining your h1 period. What are the options, if they deny visa in Canada or Maxico for USA ? My daughter is US born citizen, what will happen to her ? Do they consider these points at the consulate ? Thanks

[kumar1]

I checked this guy kumar1's posts, eveyone of 104 posts are sarcastic.
I am not sure why he is still around, his a** should be moved out.

leo....I have got 2 red dots on my profile. That should have been enough for you to get me reputation. You wasted your time by going through all 104 posts. But honestly tell me....isn't it true that almost every developed country puts VISA restrictions on citizen of India....hell Germany even requires you to take transit visa if you are going through their airport! Why India does not charge same or higher fee to German citizens for using Indian airports to go to Nepal/Mayanmar/Sri Lanka?

You can attack me personally but ask yourself...isn't it true? It hurts me when in my company my coworkers can pretty much go to any DEVELOPED country on business trips....at the same time I have to go to each and every embassy to prove that I am worthy enough and they should give me VISA....hell....New Zealand asks you to bring chest X-RAY to prove that you do not have TB. They are fine at their side however Indian consulate should also ask for Kiwi's chest X-RAY! Am I making any sense here or I am just talking out of my rear end?

[gemini23]

this is a good informative thread. thanks for all the info.

[yabadaba]

I have a question too.

I went to Canada in May with my wife and daughter and we got our H1Bs stamped for the first time (mine - 1st 3 yr extension, original not stamped & wife was H1B transfer - first h1b not stamped) the Us embassy in canada took our original I-94s from our F1 days

When we drove back into the US, we went inside the POE building at buffalo and the officer there seperated the bottom part of our I-797 and stapled that to the passport. he said another I-94 would cost us money and the I-797 had a I-94

In July I applied for my I-485 (no ead/ap) and got the receipts

Now after 5 years, I am finally travelling outside the US in november.

my question is this: do i turn in the I-94 that is attached to my passport when I am leaving. This I-94 came with the I-797. What I-94 will I get when I re-enter the country?

[senk1s]

everytime you travel into US you get a new one (exceptions canada/ mexico)
I'm assuming you want to travel back on H1 stamping (i've read its doable)

(We did our stamping in Canada ...but it was extension, so the i94 number on the approval notice was the same as the one in the PP)